Category Archives: Settlement

Boastful Daughter Breaches Confidentiality: Father Forfeits $80,000

Seems innocent enough.  Father tells college age daughter he settled his age discrimination case against his former employer.  Daughter posts on Facebook (to her 1,200 friends), “Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying … Continue reading

Posted in Confidentiality, Settlement, Uncategorized | Tagged , , , , , , , | Leave a comment

The “Ikea Effect” is Mediation

They are calling it a new psychological phenomenon, “the Ikea Effect.”  Three professors who have studied this phenomenon have found that people attach more value to things they build themselves, even if those things are imperfect, like a somewhat wobbly … Continue reading

Posted in mediation, Psychology, Settlement | Tagged , , , , , , , | 1 Comment

Cultural Conflict and Forgiveness on Mount Everest

Climbers and Sherpas had an intense and violent conflict recently on Mount Everest.  Like most conflicts, the presentation of the conflict, did not reflect each side’s feelings and needs.  It’s an amazing story of recognizing cultural differences and resolving conflict … Continue reading

Posted in Emotions, mediation, Settlement | Tagged , , , , , | Leave a comment

Cooking Up Settlement: “The Martha” and Macy’s Go to Mediation

Will Martha Stewart be able to make lemonade from lemons in her recent legal battle?  Will she cook up creative ways to recycle her lawsuit into an elegant business solution?  Like explaining how to remove garlic peels with ease during … Continue reading

Posted in law, mediation, Negotiation, Settlement, Uncategorized | Tagged , , , , , , | Leave a comment

Weapons and Mediation

Tragic and scary news story today about an attorney who was shot at a mediation in Phoenix. According to the media, the mediation was ending when the client went to his car to get something.  After a lengthy wait, the mediation … Continue reading

Posted in Emotions, mediation, Settlement, Uncategorized | Tagged , , , , , | 1 Comment

Hostess Twinkies Go To Mediation — Or Not?

At the bankruptcy court’s urging, Hostess and the Baker’s Union agreed to mediation to avoid the liquidation of Hostess and the loss of an estimated 18,000 jobs.  But is it really a mediation? The judge hearing the case, Judge Robert … Continue reading

Posted in Confidentiality, Privilege, Settlement | Tagged , , | Leave a comment

Recalling Traumatic Events: Cathartic or Destructive?

Should we really have clients recount traumatic events in detail in mediation?  Or is that actually a disservice to clients?   Are we reinforcing fear, and sidetracking settlement?  Or are we helping clients move past the trauma? According to recent … Continue reading

Posted in Emotions, Lying, mediation, Neuroscience, Settlement | Tagged , , , , , , , , , , | Leave a comment

Mediation and Negotiation by Skype?

Should you mediate by Skype?  Perhaps.  There are benefits and warnings. When a recent case was scheduled and one client would not be present in person, an attorney called me to discuss the client’s participation by telephone.  After a short … Continue reading

Posted in Confidentiality, Difficult People, Emotions, Ethics, law, mediation, Mediation Advocacy, Settlement | Tagged | 5 Comments

Mediation and Horse Whispering

Early in my mediation training, a mediation trainer played a video of a horse whisperer.  Mediation is much like horse whispering, she explained.  I have been pondering her message for years. Fast forward to 2011.  If you haven’t, I highly recommend … Continue reading

Posted in Difficult People, Emotions, mediation, Settlement | Tagged , , | Leave a comment

iPad Mediators

Have you ever been in a mediation and the damn mediator is working harder on his iPad than on your case?  Erg.  This is not the first time I have heard this complaint.  I have a friend who recently had … Continue reading

Posted in Body Language, Ethics, law, mediation, Mediation Advocacy, Settlement | Tagged , , , , | Leave a comment